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All appeals are dismissed.
Reasons
The grounds of appeal are examined.
1. The Defendants’ grounds for appeal are proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the selection of evidence and the probative value of evidence conducted on the premise of fact-finding belong to the free judgment of the fact-finding court (Article 308 of the Criminal Procedure Act). For the reasons indicated in its reasoning, the lower court determined that the Defendants were not guilty as stated in the first instance judgment, and rejected the Defendants’ allegation of grounds for appeal as to mistake of facts and misapprehension of the legal doctrine.
The allegation in the grounds of appeal is the purport of disputing the recognition of facts that form the basis of the judgment of the court below. It is nothing more than denying the judgment of the court below on the selection and probative value of evidence belonging to the free judgment of the court of fact-finding. In light of the above legal principles and the evidence duly admitted, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence.
2. As to the reasons for the prosecutor’s final appeal, in a criminal trial, the conviction shall be based on evidence with probative value, which makes it possible for the judge to have a conviction that the facts charged are true beyond a reasonable doubt, and if there is no such proof, the conviction cannot be determined even if there is a suspicion of guilt against the defendant (see, e.g., Supreme Court Decision 2006Do735, Apr. 27, 2006). The lower court, on the grounds stated in its reasoning, excluded the part concerning “written confirmation” related to the accusation filed by the first instance court on February 18, 2014 among the facts charged in the instant case from the part concerning “written confirmation.”
In light of the fact that the lower court found the Defendant not guilty of this part of the facts charged is justifiable, and rejected the Prosecutor’s allegation of the grounds of appeal as to the mistake of facts or
The grounds of appeal are the purport of disputing the recognition of facts that led to such judgment of the court below, and is a fact-finding court.